Sat Parkash Tokas vs Sandeep Chatwal & Ors.
2018 Latest Caselaw 4541 Del

#49

       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           Judgment delivered on: 03.08.2018

W.P.(C) 8057/2018 & CM No. 30876/2018 (stay)
SAT PARKASH TOKAS                                             ..... Petitioner
                                  versus

SANDEEP CHATWAL & ORS.                                        ..... Respondents
Advocates who appeared in this case:
For the Petitioner:  Mr. Deepak Sharma and Mr. Manish, Advocates.
For the Respondents: Mr. Mukesh Gupta, Standing Counsel along with Mr. Shashi Gupta,
                     Advocate for SDMC.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
                  JUDGMENT

SIDDHARTH MRIDUL, J (ORAL) The present writ petition under Article 226 of the Constitution of India, prays as follows:-

a) the respondents to immediately demolish the illegal structure raised by respondent no. 1 at 45, Arjun Nagar, Safdarjung Enclave, Village Humayun Pur, New Delhi- 110029, comprised in khasra no. 53, owned by the petitioner;

b) grant the costs of the instant writ petition;

c) grant any other order or relief in favour of the petitioner and against the respondents, deemed fit and proper in the facts and circumstances of the case."

Ms. Mukesh Gupta, learned counsel appearing on behalf of the SDMC, on advance notice states that, the building plan of the subject

property bearing No. 45, Arjun Nagar, Safdarjung Enclave, Village Humayun Pur, New Delhi-110029, was sanctioned by them online vide No. OBP/SZ/2018/10048282, dated 11th April, 2018.

Learned counsel for the SDMC further states that, the subject property was booked by them for unauthorized construction, vide File No. 197/UC/B- I/SZ/18, dated 11th June, 2018, and appropriate demolition action has been taken against the offending portions on 6th June, 2018 and 20th July, 2018 and that, further action is scheduled to be taken today.

In view of the foregoing, the present writ petition, as well as, the pending application are disposed of, with a direction to the SDMC to ensure that the construction on the subject property conforms with the duly sanctioned plan, in accordance with law.

SIDDHARTH MRIDUL (JUDGE) AUGUST 03, 2018 RS